RAPE: Conviction of SIWC of alcoholic affirmed over challenge to mens rea instructions and exclusion of testimony as to victim’s drinking and withdrawal symptoms… Parker affirmed. [Read more…]
Deliberate homicide, group fistfight death
DELIBERATE HOMICIDE: Defendant accused of hatcheting to death a participant in what was supposed to be a group fistfight was not prejudiced by failure to give accomplice instruction… no prejudicial effect from Prosecutor’s opinions/vouching in light of entire evidence and cautionary instruction… prejudice not shown by panelists possibly seeing Defendant escorted by guards in restraints… conviction affirmed… Best affirmed (memorandum). [Read more…]
Incest, forcible conduct with minor daughter
INCEST: Victim’s allegations of sexual abuse by relatives (in addition to father) properly excluded under Rape Shield… elicitation of expert testimony as to false reporting statistics not directly reviewable under ineffective assistance claim or as plain error by Judge’s failure to stop questioning… conviction of forcible sexual conduct with minor daughter affirmed… Larson affirmed. [Read more…]
Child incest, alleged prior “false accusation,” rape shield
CHILD INCEST: Child’s prior statements regarding alleged “false accusation” of sexual assault properly excluded under rape shield balancing… not clear whether “playing doctor” and “sleeping” with cousin when both were 5 were sexual… conviction of sexual abuse of granddaughter affirmed… Best affirmed. [Read more…]
Assault with weapon, Panelist of color, black Defendant
ASSAULT WITH WEAPON: State properly allowed to peremptorily strike only non-white Panelist in trial of African American… couple of Prosecutor’s comments close to improper but overall not plain error… conviction affirmed… Kutzman affirmed. [Read more…]
Assault on minor/perjury, 466 days speedy trial
ASSAULT ON MINOR/PERJURY: Speedy trial not violated by 466 days arrest to trial… sufficient evidence to convict of perjury as to denial of using taser on children… Olson affirmed. [Read more…]
Arson, multiple convictions
ARSON: 2 of 3 counts involved same elements, State concedes that 1 should have been dismissed… claims of ineffective assistance for telling the jury that the truth is between the State’s version and Defendant’s version and for failing to introduce testimony as statement against interest more appropriate for postconviction… untimely PFO notice not prejudicial… conviction on 2 counts of torching trailer and consecutive 20-year terms affirmed… Parker affirmed, reversed (memorandum). [Read more…]
Rape, rehearing of decision affirming rape of teen denied
RAPE: Rehearing denied as to decision affirming conviction of 2003 rape of teen… order. [Read more…]
Rape, 2003 anal rape of teen, “false claims”
RAPE: Plain error review declined as to combined expert/lay testimony without cautionary instruction and failure to exclude Prosecutor from Gallagher hearing… no record-based evidence of ineffective assistance in failing to call Defendant’s requested witness or failure to elicit false sex claims statistics in light of assertion that teen lied about claim of 2003 anal rape… Best affirmed. [Read more…]
DUI, public housing parking spot, remote key fob
DUI: Sufficient evidence that intoxicated person sleeping in car in public housing parking lot was in “way of this state open to the public” and had ability to start car with key fob found on seat… mistrial properly found not warranted by Prosecutor’s attempt to admit hearsay evidence from Nissan website to suggest perjury by Defendant’s marital partner that she unlocked car with another key fob from inside apartment to let Defendant sleep it off… Parker affirmed. [Read more…]